QUESTION TIME

Q1:Is there any age limit for foreigners to work in Shenzhen?

A:Must be at least 18 years old. There is no age limit for class A foreign high-end talents. The upper limit of the age of class B professionals is generally no more than 60 years old. For those who really need to meet the standards of innovative and entrepreneurial talents, professional and skilled talents, outstanding foreign graduates, foreign professional talents who meet the criteria of counting points and implementing intergovernmental agreements or agreements, the restrictions on age, education or work experience can be appropriately relaxed.

Q2:What are the requirements for foreigners to work in Shenzhen?

1. The applicant shall be at least 18 years old, in good health, without criminal record, have a definite legal employing unit within the territory of China, and have the necessary professional skills or appropriate degree to engage in his work.

2. The applicant is a professional in urgent need in China, whose work meets the needs of China's economic and social development.

3. If laws and regulations provide otherwise for foreigners to work in China, such provisions shall prevail.

（一） Foreign high-end talents (Class A)

Foreign high-end talents refer to scientists, leading talents in science and technology, international entrepreneurs, special talents, etc. that meet the needs of China's economic and social development and meet the standards of foreign high-end talents for counting points. Foreign high-end talents are not limited by age, education background and work experience. For details, please refer to the classification standard for foreigners working in China (for Trial Implementation).

（二） Foreign professionals (class B)

Foreign professional talents refer to those who meet the work guidance catalogue and job requirements of foreigners in China and are in urgent need of economic and social development. They have bachelor's degree or above and relevant work experience of 2 years or above, and the age is not more than 60 years old. For those who do need, they meet the standards of innovative and entrepreneurial talents, professional and skilled talents, excellent foreign graduates, and foreign professional talents who meet the points and scores As well as the implementation of intergovernmental agreements or agreements, the restrictions on age, education or work experience may be appropriately relaxed. For details, please refer to the classification standard for foreigners working in China (for Trial Implementation). Where the state has regulations on specialized personnel and government project personnel, such regulations shall prevail.

（三） Other foreign personnel (category C)

Other foreign personnel refer to other foreign personnel who meet the needs of the domestic labor market and conform to the provisions of state policies. For details, please refer to the classification standard for foreigners working in China (for Trial Implementation).

Q3:For foreigners who are employed in Shenzhen, their spouses and children are also foreigners. If they want to stay in Shenzhen, do they also need to apply for foreigner work permit?

The employment of foreigners in Shenzhen shall be handled by the employer on behalf of them. Their spouses, minor children and other direct relatives do not need to go through the employment procedures, but their spouses are not allowed to work.

Q4:When applying for foreigner work permit notice, do you need to provide the original of valid passport or other international travel documents that can replace passport?

No. The enterprise may print the notice of foreigner's work permit online, and the original copy shall be checked together with the foreigner's work permit.

Q5:After obtaining the foreigner work permit notice, foreigners need to apply for visas at embassies and consulates abroad, is there any invitation letter or invitation confirmation letter?

According to the decision of the Ministry of human resources and social security of the people's Republic of China on Amending the regulations on the administration of employment of foreigners in China (Order No. 32) on March 3, 2017, after obtaining the notice on the work permit for foreigners, no more invitation letter or invitation confirmation letter to the authorized unit.

Q6:What is the difference between the labor contract, dispatch letter and Employment Certificate in the materials of foreigner's application for work permit notice of the people's Republic of China (hereinafter referred to as "foreigner's work permit notice")? Is there a template?

The labor contract shall be provided in the application of foreigner's work permit notice, and the letter of intent for employment is not required.

The labor contract or employment certificate (including the letter of assignment from the multinational company) shall include the work place, work content, salary, working time in China, position, necessary contents of the seal page (signature).

The dispatch letter is applicable when the multinational company headquarters or regional headquarters dispatches senior managers and professional technicians from overseas to serve in domestic subsidiaries or branches, and is issued by the multinational company headquarters or regional headquarters.

The certificate of appointment is applicable to personnel who execute agreements or agreements between governments and international organizations, chief representatives and representatives of various representative offices in China, and overseas contract service providers. If the employment certificate (including dispatch letter) lacks the necessary content, a supplementary explanation must be issued.

If a multinational company dispatches senior managers and professional technicians and other professional and technical personnel to a domestic subsidiary or branch in China, it shall submit a dispatch letter and an employment contract signed with the multinational company's regional headquarters in China.

Q7:After obtaining the 《Notice of Foreigner's Work Permit》, should I apply for a occupation visa（Z visa） or 《Notice of Applying for Foreigner's Employment and Residence Permit》?

You can apply to the Chinese embassy or consulate abroad for a occupation visa（Z visa）. If you have entered China with other visas, you can apply to the exit and entry department of the Public Security Bureau for a residence permit.

Q8:How long can foreigner work permit be issued in one time?

（一） The term of validity of foreigner's work permit notice to China shall be subject to the time limit indicated in the system generated foreigner's work permit notice. 

（二） The valid period of foreigner's work permit is 2-5 years for class A and 1 year for class B, and shall not exceed the valid period of business license or registration certificate, government approval, labor contract or letter of appointment, passport of work applicant or other international travel documents that can replace passport, etc.

Q9:What are the convenient measures for foreign high-end talents (Class A) to apply for work permits from foreigners in China?

(1) Foreign high-end talents who are selected into the relevant domestic talent programs are handled online in the entire process, without the need to submit paper materials for verification;

(2) Foreign high-end talents (category A) that meet the 《Classification Standards for Foreigners Working in China》(一) Selected in the relevant domestic talent program; (二) Those who meet the internationally recognized standards for professional achievement recognition, and the work qualification certificate uses the commitment system (Except those who have met the professional achievement recognition standards based on past work experience);

(3) Foreign high-end talents (Class A) that meet the 《Classification Standards for Foreigners Working in China》 (一) Selected in the domestic relevant talent program; (二) Those that meet the internationally recognized standards for professional achievement recognition; (三) Those that are market-oriented Foreign talents in need of encouraged jobs; (四) For innovative and entrepreneurial talents, the highest degree (education) certificate adopts a commitment system;

(4) Proof of no criminal record adopts commitment system;

(5) For those who have entered China with other visas or valid residence certificates, they can apply for foreigner's work permit in China directly;

(6) If an application for a foreigner's work permit, the extension of the foreigner's work permit, and the application for cancellation, the decision-making body shall review and make a decision within 5 working days.

(7) If you apply for work in China for less than 90 days, you can apply for an invitation letter for foreign experts to China, and other foreign experts can accompany you. After obtaining an invitation letter for foreign expert to China, you can apply for an F visa and enter and exit multiple times. You do not need to apply for a work-type residence permit after entry.

(8) Allowed to be given the maximum valid period up to 5 years’ foreigner’s work permit.

Q10:When should the employer sign a labor contract with the foreigner to be hired?

The time for the employer to sign the labor contract with the foreigner shall be determined by the parties themselves through negotiation, but the "foreigner work permit" shall be issued after the effective date of the labor contract.

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